Do You Need A Real Estate Lawyer?

Written by Posted On Monday, 02 December 2019 06:43
Do You Need A Real Estate Lawyer? Do You Need A Real Estate Lawyer?

Real Estate Attorneys serving Fort Lauderdale, Broward County, Miami-Dade & Florida State.


Video Transcript: Do You Need A Real Estate Lawyer?

FAQ’s With Roy Oppenheim

Question people ask is do you need a real estate attorney? I presume this is going to be in the context of residential, because on the commercial context, you have no business buying or selling real estate without a lawyer. And in fact, I’ve rarely seen someone do that. So it’s obviously whoever is asking this question probably hasn’t bought real estate before and they’re somewhat new to the game, and they want to know do they really need a real estate attorney.

Why You Need A Real Estate Lawyer

My advice would be that yeah, it’s highly recommended. And you’re saying, ” Well, you’re saying that because you’re an attorney.” No, I’m saying that because I’ve seen, over the course of 30-some odd years what happens when someone doesn’t have lawyers involved in the transaction and how deals can go bad. I mean just as one example, I know people who were trying to buy real estate at foreclosure auctions, and they didn’t have an attorney and they thought they were buying a first mortgage.

Meaning that they thought that they were buying the real estate on the first mortgage, but instead they bought a lien on a second mortgage, and so they end up with the property for maybe six months and then they get a knock on the door and they get served with papers from the first mortgage, and then they lose the entire piece of real estate because they have no idea what they’re doing.

Now, that’s an extreme and that’s happened probably about a half dozen times to clients of mine who walk in after the fact, they aren’t clients of mine obviously before because that typically wouldn’t happen if I am representing. But that’s an extreme of why you would need a real estate attorney. But there are many other situations where if you’re buying real estate, and again, if the seller doesn’t want to sell after they’ve signed the contract. What do you do? Do just say, “Okay, that’s okay with me,” or do you then put, you know legal pressure on them or even end up suing them if necessary?

I’ve seen situations where realtors haven’t acted professionally and where you need lawyers to make sure that the realtors are acting professionally. So it’s always good to have a real estate lawyer by your side when you buying real estate. After all, it’s one of the biggest transactions that you’re going to do in your life and you should have a professional there for you. I mean typically, you know, when you have a toothache you don’t end up, you know, trying to pull the tooth by tying a string to the door and pulling the tooth.

You may do that if you’re a little kid and if it’s a baby tooth, but normally as an adult, we do not do that. And it’s the same thing here. We should not be doing something that we don’t typically do every day. And so you need to have the professional advice of an attorney when you buy real estate.

Oppenheim Law | Real Estate Attorneys Fort Lauderdale
2500 Weston Rd #404
Fort Lauderdale, FL 33331


Do You Need A Real Estate Lawyer? Roy Oppenheim
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Roy Oppenheim

From Wall Street to Main Street, Roy Oppenheim is a successful serial entrepreneur and attorney focusing on Florida real estate, foreclosure defense, loss mitigation and Internet ventures.

He founded Oppenheim Law in 1989 with his wife Ellen Pilelsky and uniquely positioned the Firm as one of Florida’s leading boutique law firms in Weston, Florida.

Serving national, international, and local clients, Mr. Oppenheim has the highest rating (A-V) conferred by Martindale Hubbell Law Directory, the most respected directory of lawyers and law firms in the U.S.

In 1989, Mr. Oppenheim also co-founded and served as general counsel to ShopSmart Corp., the company that originated and owned the GNC Gold Card Program, a program that continues to this day and was one of the first cross-promotional programs of its kind.

In addition, in 1994, he co-founded Weston Title & Escrow, the oldest title company in Weston, Florida, and he currently serves as its Vice President. In 1999, Mr. Oppenheim served a one-year term on the board of directors for Catalina Lighting, a publicly traded company on the New York Stock Exchange.

Growing up in the Bronx, Mr. Oppenheim learned to be focused on success and driven to always persevere for opportunity.

In 2009, he started the South Florida Law Blog, which was voted the best business and technology blog by the South Florida Sun-Sentinel. He also serves as an expert witness on title industry practices.

Mr. Oppenheim has also co-authored two law review articles, Deconstructing The Black Magic of Securitized Trusts, published in the Stetson University Law Review’s Spring 2012 Edition, and The Emperor’s New Clothes, published in the William & Mary Business Law Review Volume 6.

Today, Mr. Oppenheim is a sought-after legal expert on issues relating to the real estate crisis and beyond. In addition to his own blog, he also has been a contributor to Yahoo! Homes, and featured on HuffPost Live, FOX News, and Lifetime TV. In addition he has been quoted in prominent national publications, including USA Today, The New York Times and Huffington Post, among others. Mr. Oppenheim also understands the power of social media, and can be found on a variety of social media platforms.

Mr. Oppenheim also speaks fluent German.


  • Florida Bar, 1987; Member of the Real Property Probate and Trust Law Section
  • New York Bar, 1987; United States District for the Southern and Eastern Districts of New York, 1987
  • U.S. District Court, Southern and Middle Districts of Florida, 1993


  • Princeton University, A.B., cum laude, 1982
  • Northwestern University School of Law, J.D., 1986
    • Member of the Northwestern University Law Review
    • Member of the National Moot Court Team

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